Understanding Damage Caps for Sexual Harassment Lawsuits Under the Missouri Human Rights Act
The Missouri Human Rights Act limits the amount of emotional distress and punitive damages you can win in a sexual harassment lawsuit. These damage caps operate on a sliding scale from $50,000 to $500,000, depending entirely on the size of your employer.
Navigating Damage Caps in Missouri Courts
When a victim of sexual harassment finally takes their employer to court, a major question is always: 'What is my case worth?' In Missouri, the state legislature has imposed strict financial limits on how much a jury can award for certain types of damages. Whether you are suing a small local business in Clayton or a massive multinational corporation in Springfield, the size of your employer directly dictates your maximum potential recovery.
Because calculating these limits and choosing between state and federal venues is a complex strategic decision, we strongly recommend you hire a local lawyer from our directory. An experienced employment attorney can structure your lawsuit to maximize your financial compensation, ensuring that back pay and attorney's fees are properly separated from the capped damages.
The MHRA Sliding Scale for Damage Caps
In 2017, Missouri passed Senate Bill 43, drastically altering the Missouri Human Rights Act (MHRA). Under Mo. Rev. Stat. § 213.111.4, the state instituted hard caps on the sum of future emotional distress (non-economic damages) and punitive damages. The scale is based entirely on how many employees the company has.
- 6 to 100 employees: Damages are strictly capped at $50,000.
- 101 to 200 employees: Damages are capped at $100,000.
- 201 to 500 employees: Damages are capped at $200,000.
- 501 or more employees: Damages are capped at $500,000.
It is crucial to understand that these caps apply to non-economic and punitive damages combined. However, actual damages like past lost wages (back pay) and out-of-pocket medical bills are generally not subject to these strict caps.
Calculating Emotional Distress Damages
Sexual harassment causes severe psychological trauma. Compensatory damages (specifically non-economic damages) are designed to compensate you for pain, suffering, anxiety, and depression. To maximize this claim within the capped limits, your attorney will rely heavily on testimony from therapists, psychologists, and your close family members to prove the profound impact the harassment had on your daily life.
Limits on Punitive Damages for Small Businesses
Punitive damages are not meant to compensate you; they are designed to punish the employer for gross negligence or malicious conduct. Missouri courts require a high burden of proof-clear and convincing evidence-to award punitive damages, a standard frequently debated in cases like Diaz v. Autozoners, LLC, 484 S.W.3d 64 (MO Court of Appeals 2015). For a small business with 20 employees, even if the harassment was horrific and a jury awards you $1,000,000 in punitive damages to send a message, the judge is legally required to reduce that specific award down to the $50,000 cap limit.
Title VII vs. MHRA: Maximizing Recovery
Because of Missouri's caps, your lawyer will evaluate whether it is better to file under the state MHRA or federal Title VII (regulated by 42 U.S.C. § 1981a). While Title VII has similar sliding scale caps (topping out at $300,000 for large employers), the legal standards for proving discrimination differ slightly. Often, an attorney will file a lawsuit asserting claims under both statutes simultaneously at the St. Louis County Circuit Court, Clayton or the Greene County Circuit Court, Springfield, utilizing Form FI-50, Missouri, Office of State Courts Administrator, Confidential Case Filing Information Sheet - Probate and Non-Domestic Relations, to give you the broadest possible path to a maximum jury award.
What Are the Costs of Litigation?
Victims of workplace harassment are protected from paying massive hourly legal fees during litigation.
| Attorney Fees | Lawyers work on a contingency basis, usually taking 33% to 40% of the final award. Under both the MHRA and Title VII, the judge can order the employer to pay your attorney fees on top of your damage award if you win at trial. |
| Expert Witnesses | Hiring psychological experts to prove emotional distress can cost $3,000 to $10,000, which the law firm typically advances on your behalf. |
| Court Fees | Filing a civil complaint in a Missouri circuit court generally costs $150 to $250. |
How Long Does the Process Take?
Reaching a financial settlement takes time. You must first exhaust administrative remedies through the MCHR or EEOC, which takes 6 to 10 months. After filing the civil lawsuit, both sides engage in aggressive discovery (depositions and document requests). Depending on the employer's willingness to settle, a case can take 1.5 to 3 years to finally reach a jury verdict where these damage caps are officially applied by the judge.
Frequently Asked Questions (FAQ)
Does the damage cap apply to my lost wages?
No. Back pay (wages you already lost because you were fired or forced to quit) is considered actual economic damage and is generally not subject to the statutory caps on non-economic and punitive damages.
Can the jury be told about the damage caps during the trial?
No. Under Missouri law, the jury is not allowed to know that damage caps exist. They will award whatever amount they feel is just. Only after the trial is over will the judge legally reduce the award to fit within the statutory limits.
Are independent contractors subject to these same limits?
Independent contractors are generally not covered by the Missouri Human Rights Act or Title VII. However, determining if you are truly an independent contractor or a misclassified employee is a complex legal issue your attorney will investigate.
What happens if the company shrinks in size during my lawsuit?
The cap limit is generally determined by the number of employees the company had during the specific calendar year the harassment occurred, or the preceding year. If they fire people later, it usually does not lower your cap limit.
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